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Meigs, Family Law Attorney

Category: Family Law

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My sister left an abusive marriage in Alabama and moved to

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My sister left an abusive marriage in Alabama and moved to AZ. She has 2 minor children ages 12 and 13. She is not officially divorced as she cannot afford it. She has serious health issues and is 120 days sober from an alcohol addiction. She needs to be in a sober living environment for a while, but the only one available is in Denver. She would like to leave her children with my husband and I until the end of the school year. They have been through a lot in the past year and do not want to change schools again or go to their father in AL. Is this legal and what documents do we need to have before she leaves?

So you are wanting to basically take temporary custody of the children while she enters a rehab?

meigs004 :

I am sorry to hear about your sisters situation.

meigs004 :

Ok. Here is the problem you are going to run into. The documents that you draft, no matter your intention or her situation may be contested on the basis that she is still married to the father of the children, and there in AZ, subsequently CO, without his consent. Otherwise, you could seek to effectuate certain documents that would allow you to make medical decisions for the children, and to enter them into school etc. In order to do such, you could draft a power of attorney vesting custodial rights in you temporarily, that a school or medical professional would recognize.

Customer: Pretty much. She has no money. No job. Lost her house and car. She would be able to be in a home with others who have come through the addiction process and have acces to public transportation and a job. It is hopefully, temporary. She has not told her husband the plan but he never asks about the kids anyway.

meigs004 :

I understand.

meigs004 :

So to answer your question, in short, she could try and draft documents to provide you what would essentially be temporary custody, and vest in you decision making power with regard to schooling and medical decisions, however, the documents could fail on their face, because the father is still the father, and they are still married.

meigs004 :

Does that answer your question?

Customer: Do the chi

Customer: Do the children have a say in the matter?

meigs004 :

Unfortunately, the only time they would have a say in the matter were to be in a divorce proceeding, otherwise, those type of decisions are up to the parents.

Customer: Okay, if he pays no child support and has no issue with it because we would be paying their expenses then it wouldn't be an issue.

meigs004 :

The only way that he would be liable for child support is if a divorce action is sought, but they may be an incentive for him to go through with an uncontested divorce.

Customer: Thank you.

meigs004 :

You are welcome, does that answer your question?

Customer: Yes.

meigs004 :

Please provide a positive rating prior to leaving if it does.

meigs004 :

Great, please do not forget to provide a positive rating prior to you exiting the chat, and good luck to you, your sister, and the children!

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